Earlier this week, parts of the UK experienced their first significant snowfall of this year. As a nation with a seasonal climate you would have thought that we would be well-prepared for it. Somehow, though, we never are. Roads and transport infrastructure grind to a halt and schools often close.
What happens when winter weather impacts on the workplace? In this week’s blog, we guide HR through their legal obligations and set out some practical tips on how to mitigate the impact of winter weather on your business.
- Getting to work: Although workplace health and safety obligations do not generally extend to an employee’s commute, it is important that employers consider the risks posed to employees commuting in bad weather. Forcing an employee to make their way into work in bad weather could amount to a breach of the implied duty of trust and confidence. This could risk constructive dismissal claims if the employee resigns in response. More widely, it is a matter of good employment relations that the employer should take account of the employee’s safety and comfort. In all cases, consider whether alternatives to workplace attendance are available. This might include working from home, swapping days in the office for those who work flexibly and offering the opportunity to take holiday.
- The workplace itself: In cold weather, even indoor working environments can face temperature issues. The Workplace (Health, Safety and Welfare) Regulations 1992 put an obligation under law for employers to maintain a “reasonable” temperature in the workplace – suggested by the Health and Safety Executive to be at least 16oC (or 13oC where the job involves significant physical exertion). Make sure that workplace temperatures are monitored regularly during cold snaps. Consider relaxing any uniform policy to allow employees to wear warmer clothes where possible.
- Workplace closure: Where a workplace is forced to close due to cold weather but employees are ready and willing to work then they should generally be paid in full for the day. You should explore alternative options. Check contracts of employment to see if you are able to require employees to attend at a different location or to work from home. Seek their agreement to do so if you don’t already have something in writing.
It is also worth reviewing contracts of employment for any right to lay-off. If you have the contractual right to lay-off then you could exercise that right if a snow-day forces the workplace to close. If an employee is ‘laid-off’ then they are not required to come to work. They will be entitled to guarantee pay (currently £38 per day) rather than their full normal pay for that day. This can limit the financial impact of any short-term workplace closure caused by the weather.
- School’s out! Where staff are unable to come into work during cold weather owing to the closure of their child’s school then any time off is likely to be covered under the right to time off for dependants. This legal right is to a reasonable amount of unpaid time off to care for dependants in an emergency. Some employers offer this as a paid benefit so make sure you administer and pay for the leave in accordance with your workplace policy.
- Snowed in! If employees are unable to get to work at all owing to the weather then the first consideration should be whether any alternative work arrangements can be made (for example, working from home). If this isn’t possible, and if there’s nothing in the contract of employment about pay in these circumstances, you don’t generally have to pay wages for this day. You should, however, consider either exercising your discretion to pay anyway or offering employees the option to take paid holiday as an alternative (although you can’t require employees to take up the offer).
The best way to mitigate HR stress in dealing with weather events is by implementing an Adverse Weather Policy. This can be used to clearly address key areas such as:
- Absence reporting processes.
- Risk assessments to determine site safety.
- Hybrid or remote work options when on-site work isn’t feasible.
Members of the HR Inner Circle can access our template Adverse Weather Policy here: https://members.hrinnercircle.co.uk/the-vault/templates-and-checklists/